Hon Paula Bennett
Government Bill
67—3
As reported from the committee of the whole House
Key
1 Title
2 Commencement
3 Principal Act
Part 1Substantive amendments
Overview
4 Overview of Part
Social obligations of certain beneficiaries with dependent children
5 Section 1A amended (Purpose)
Pre-benefit activities, work-test couple rate, and ordinarily resident in New Zealand
6 Section 3 amended (Interpretation)
Status of examples
7 New section 3B inserted (Status of examples)
3B Status of examples
Ministerial directions
7A Section 5 amended (Chief executive to comply with directions)
Ordinarily resident in New Zealand
8 Section 11D amended (Application process for benefits)
Pre-benefit activities
9 New sections 11E to 11H inserted
11E Pre-benefit activities: requirements
11F Pre-benefit activities: department must explain requirements
11G Pre-benefit activities: consequences of non-compliance by applicant
11H Pre-benefit activities: consequences of non-compliance by applicant's spouse or partner
Rights of appeal: work test obligations: drug testing obligations
10 Section 12J amended (Rights of appeal)
Sole parent support
11 New Part 1B inserted
Part 1BSole parent support
20A Sole parent support: meaning of applicant
20B Sole parent support: when dependent child may be regarded as applicant's child
20C Sole parent support: split custody
20D Sole parent support: standard eligibility requirements
20E Sole parent support: obligations on beneficiaries
20F Sole parent support: payment
20G Sole parent support: rate
20H Sole parent support: expiry, and replacement with jobseeker support, when youngest dependent child 14
12 Sections 27A to 27D and 27H(1) and (2) and cross-heading above section 27A repealed
Supported living payment
13 Sections 27G and 27H repealed
14 Section 39F renumbered and amended (Purpose of invalid's benefit)
15 Section 40 renumbered and amended (Invalid's benefit)
16 New sections 40C to 40HA inserted
40C Supported living payment: on ground of sickness, injury, disability, or total blindness: medical examination
40D Supported living payment: on ground of caring for patient requiring care: eligibility
40E Supported living payment: on ground of caring for patient requiring care: medical examination
40F Supported living payment: on ground of sickness, injury, disability, or total blindness: beneficiary's obligations
40G Supported living payment: on ground of sickness, injury, disability, or total blindness: spouse's or partner's obligations
40H Supported living payment: on ground of caring for patient requiring care: beneficiary's obligations
40HA Supported living payment: on ground of caring for patient requiring care: spouse's or partner's obligations
17 Sections 42 and 42A replaced
40I Supported living payment: rates
18 Section 43 renumbered and amended (Subsidy on earnings of blind beneficiaries)
19 Sections 44 and 44A replaced
40K Supported living payment: on ground of sickness, injury, or disability: encouraging open employment
Sickness benefit abolished
20 Sections 54, 54A, 54B, 54D, 54DA, 54E, and 54F and cross-heading above section 54 repealed
Beneficiaries having additional dependent child: exempting people resident in certain overseas countries, and eligibility for sole parent support
21 Section 60GAE amended (Beneficiaries having additional dependent child: general)
Obligations to work with contracted service providers
22 New section 60GAG inserted (Obligations to work with contracted service providers)
60GAG Obligations to work with contracted service providers
Work preparation exercise
23 Section 60HA repealed (Work preparation exercise)
Certain obligations may be placed on beneficiaries and their spouses and partners
24 Section 60Q amended (Certain obligations may be placed on beneficiaries and their spouses and partners)
25 New sections 60RA to 60RC inserted
60RA Social obligations of certain beneficiaries with dependent children
60RAB Social obligations: definitions, work test obligations exemption grounds, and regulations
60RB Social obligations: department must explain requirements
60RC Social obligations: sanctions for failures to comply
Transfer to emergency benefit of certain people 65 years old or older
25A Section 61 amended (Chief executive may grant emergency benefit in cases of hardship)
26 New section 61AA inserted (Social obligations of person granted emergency benefit)
61AA Social obligations of person granted emergency benefit
27 Section 61A amended (Obligations of spouse or partner of person granted emergency benefit)
Disability allowance: preferred supplier and funding of specified expenses
28 Section 69C amended (Disability allowance)
Residential requirements for certain benefits: people ordinarily resident overseas
29 Section 74AA amended (Residential requirements for certain benefits)
Effect on benefit of warrant to arrest beneficiary
30 New section 75B inserted (Effect on benefit of warrant to arrest beneficiary)
75B Effect on benefit of warrant to arrest beneficiary
When beneficiaries can be paid benefit while overseas, and suspensions of benefits based on discrepancies arising from departure information
31 Section 77 amended (Effect of absence of beneficiary from New Zealand)
31A New section 77A inserted (Effect of absence of beneficiary from New Zealand: department must explain provisions)
77A Effect of absence of beneficiary from New Zealand: department must explain provisions
32 Privacy Act 1993 amended
Removing exemptions from jobseeker support benefit stand down period while person in approved training
33 Section 80 amended (Commencement of benefits)
Backdating benefits in specified circumstances
34 Section 80BA amended (Calculation of stand down)
Standardising benefit end dates
35 Section 80BD amended (Ending of benefits)
Expiry and re-grant of specified benefits
36 New sections 80BE and 80BF inserted
80BE Expiry and re-grant of specified benefits
80BF Requirements for re-grant of specified benefits
Review of benefits
37 Section 81 amended (Review of benefits)
One-off hardship assistance and redirection using preferred supplier
38 Section 82 amended (Payment of benefits)
Work test obligations: drug testing obligations
39 Section 88A amended (Interpretation)
Jobseeker support (including deferral of work test obligations on ground of sickness, injury, or disability)
40 Sections 89 to 99AB and cross-heading above section 89 replaced
Jobseeker support
88B Jobseeker support: standard eligibility requirements
88C Jobseeker support: grounds of hardship
88D Jobseeker support: ineligibility
88E Jobseeker support: on ground of sickness, injury, or disability: medical examination
88F Jobseeker support: obligations on beneficiaries
88G Jobseeker support: obligations of spouse or partner of person granted it
88H Jobseeker support: application for deferral of work test obligations
88I Jobseeker support: chief executive's powers and duties to defer work test obligations
88J Jobseeker support: effect of deferral
88K Jobseeker support: deferred or exempted people must notify change of circumstances
88L Jobseeker support: payment
88M Jobseeker support: rates
Work ability assessment
41 New sections 100B to 100D and cross-heading inserted
100B Chief executive may require person to undergo assessment
100C Reassessment
100D Assessment or reassessment: department must explain requirements
42 Section 102A amended (Work test obligations)
43 New sections 102B to 102E inserted
102B Work test obligations: drug testing obligations
102C Work test obligations: drug testing obligations on referral to opportunity of suitable employment
102D Work test obligations: drug testing obligations: challenging sanction based solely on failing screening drug test
102E Work test obligations: drug testing obligations: use and communication of drug test results
Sanctions
43A Section 113 amended (Procedure for imposing sanctions)
44 Sections 115 and 116A replaced
116B Failures to comply with obligations
116C Good and sufficient reasons for specified failures to comply
45 Section 117 amended (Sanctions that may be imposed for failures)
46 Section 119 amended (Calculation of failure rate)
47 Section 122 replaced (Meaning of recompliance)
122 Meaning of recompliance
48 New section 122A inserted (Recomplying after second failure to comply with drug testing obligations)
122A Recomplying after second failure to comply with drug testing obligations
Special assistance under welfare programme: use of preferred supplier
49 Section 124 amended (Money payable out of Crown Bank Account)
Preferred suppliers of goods or services for beneficiaries or others
50 New section 125AA and cross-heading inserted
125AA Preferred supply of goods or services for beneficiaries or others
Contracts with administration service providers
51 Section 125A amended (Chief executive may contract with service providers)
52 Section 125C amended (Release of personal information to and by contracted service provider)
Effect on benefit of warrant to arrest beneficiary: information matching
52A New section 126AC inserted (Disclosure to department of warrant to arrest beneficiary for determining effect on benefit)
126AC Disclosure to department of warrant to arrest beneficiary for determining effect on benefit
Disability allowance: funding of specified expenses
53 New section 132AD inserted (Regulations on use of disability allowance to fund specified expenses)
132AD Regulations on use of disability allowance to fund specified expenses
Effect on benefit of warrant to arrest beneficiary, and expiry and re-grant of specified benefits
54 New sections 132L and 132M inserted
132L Regulations relating to effect on benefit of warrant to arrest beneficiary
132M Regulations relating to expiry and re-grant of specified benefits
55 Schedule 9 amended
References to main benefits
55A Amendments to make clearer references to main benefits
Reorganising headings and relocating section 53A
56 Amendments to make clearer principal Act's structure
Part 2Consequential amendments, and transitional and savings provisions
57 Overview of Part
Consequential amendments: work-test couple rate
58 Consequential amendments to principal Act
59 Consequential amendments to other enactments
Consequential amendments: status of examples
60 Consequential amendments to enactments made under principal Act
Consequential amendments: pre-benefit activities
61 Section 11D amended (Application process for benefits)
62 Section 132J amended (Regulations stating pre-benefit activities)
63 Social Security (Pre-benefit Activities) Regulations 2012 amended
Consequential amendments: Sole parent support
64 Section 3 amended (Interpretation)
65 Section 60GAE amended (Beneficiaries having additional dependent child: general)
66 Section 60Q amended (Certain obligations may be placed on beneficiaries and their spouses and partners)
67 Section 61 amended (Chief executive may grant emergency benefit in cases of hardship)
68 Section 70A amended (Rates of benefits for sole parents may be reduced)
69 Section 74AA amended (Residential requirements for certain benefits)
70 Section 80B amended (Interpretation)
71 Section 82 amended (Payment of benefits)
72 Section 162 amended (Youth payment: continuation after age 18)
73 Section 168 amended (Young parent payment: continuation after age 19)
74 Schedule 3 amended
75 New Schedule 3A inserted
76 Schedule 10 amended
77 Schedule 16 amended
78 Schedule 18 amended
79 Other consequential amendments to principal Act
80 Consequential amendments to other enactments
Consequential amendments: supported living payment benefit
81 Section 3(1) amended (Interpretation)
82 Section 39A amended (Child disability allowance)
83 Section 43 amended (Subsidy on earnings of blind beneficiaries)
84 Section 70A amended (Rates of benefits for sole parents may be reduced)
85 Section 80 amended (Commencement of benefits)
86 Section 80B amended (Interpretation)
87 Section 157 amended (Interpretation)
88 Schedule 6 amended
89 Schedule 17 repealed
90 Other consequential amendments to principal Act
91 Consequential amendments to other enactments
Consequential amendments: repeal of section 60HA
92 Consequential amendments to principal Act and to regulations made under it
Consequential amendments: sickness benefit abolished
93 Section 3 amended (Interpretation)
94 Section 12J amended (Rights of appeal)
95 Section 60H amended (Voluntary unemployment or loss of employment through misconduct, etc)
96 Section 61 amended (Chief executive may grant emergency benefit in cases of hardship)
97 Section 66 amended (Exemption of income from friendly or like society)
98 Section 70A amended (Rates of benefits for sole parents may be reduced)
99 Section 72 amended (Limitation where applicant receiving another benefit or war pension)
100 Section 80 amended (Commencement of benefits)
101 Section 102 amended (Application of work test)
102 Section 157 amended (Interpretation)
103 Section 162 amended (Youth payment: continuation after age 18)
104 Section 168 amended (Young parent payment: continuation after age 19)
105 Schedule 9 amended
106 Schedule 10 amended
107 Other consequential amendments to principal Act
108 Consequential amendments to other enactments
Consequential amendments: social obligations of certain beneficiaries with dependent children
108A Section 123 amended (Effect of ceasing to be subject to obligation to comply with section 60HA or work test or section 170 or 171)
109 Section 132AC amended (Regulations relating to childcare assistance)
110 Section 170 amended (Youth support payments: obligations)
Consequential amendments: expiry and re-grant of specified benefits
111 Section 117 amended (Sanctions that may be imposed for failures)
112 Section 119 amended (Calculation of failure rate)
Consequential amendments: jobseeker support
114 Cross-headings above sections 58 and 59B repealed
115 Section 61 amended (Chief executive may grant emergency benefit in cases of hardship)
116 Section 80B amended (Interpretation)
117 Section 82 amended (Payment of benefits)
118 New cross-heading above section 88A inserted
119 Section 99A repealed (Transfer from community wage to unemployment benefit on 1 July 2001)
120 Section 105 amended (Exemption from obligations)
121 Schedule 9 amended
122 Other consequential amendments to principal Act
123 Consequential amendments to other enactments
Consequential amendments: review of benefits
123A Section 11D amended (Application process for benefits)
Consequential amendments: sanctions
124 Section 102A amended (Work test obligations)
125 Section 117 amended (Sanctions that may be imposed for failures)
126 Section 119 amended (Calculation of failure rate)
127 Section 122 amended (Meaning of recompliance)
128 Section 171 amended (Obligations of spouses and partners of specified beneficiaries)
128A Privacy Act 1993 amended
Consequential amendments: reorganising headings and relocating section 53A
129 Consequential amendments to principal Act
130 Consequential amendments to other enactments
Transitional and savings provisions
131 New section 3C inserted (Transitional and savings provisions relating to amendments to this Act)
3C Transitional and savings provisions relating to amendments to this Act
132 New Schedule 32 inserted
Schedule 1New Schedule 3A
Schedule 2Amendments reorganising headings and relocating section 53A
Schedule 3Consequential amendments to other enactments: Sole parent support
Schedule 4Consequential amendments to other enactments: Supported living payment
Schedule 5Consequential amendments to other enactments: Sickness benefit
Schedule 6Consequential amendments to other enactments: Jobseeker support
Schedule 7New Schedule 32
Legislative history
The Parliament of New Zealand enacts as follows: